Each year, countless families in New York suffer the loss of someone close to them. To make things worse, many of these bereavements are the result of preventable accidents. When this happens, it is natural to want to seek answers and justice for your loss. However, when you are burdened by the grief of your loss, it may be difficult to figure out how to proceed. Unfortunately, there are time limits imposed on the proceedings for making such a claim.
These limits are known as statutes of limitations and once they expire you may no longer have the right to begin a wrongful death action. We saw in a previous post how a woman was told that the statute had expired before she had attempted to amend a claim initially made by her mother. Fortunately for her, the Court of Appeals took her side in the matter.
There are a number of ways you can combat the expiration of the statute of limitations. For example, the statute may be waived by the opposing party or even by the court. Furthermore, you may be able to suspend that statute for a set period of time. This is known as tolling the statute.
As is explained here, the length of the statute of limitations varies from one state to the next. It ranges from as little as one year in certain states, to two or three in others. In some areas, the period is even longer than that.
As with any legal matter, it is helpful to know the rules in your home state as they can vary dramatically from one area to the next. An attorney can help you ascertain whether you have a case and guide you through the process of claiming damages for the loss of your loved one.